Tag: DISCOS

  • Force majeure?

    Force majeure?

    Let the DISCOs perish the thought

    Last month, we had two major developments that will shape the power sector for good or for ill in the next couple of weeks. The first was the decision of the Federal Government to reinstate the regulation that allows power consumers to purchase meters from approved vendors, and the second, the declaration by the Nigerian Electricity Regulatory Commission (NERC) allowing eligible customers to purchase power directly from the generating companies (GENCOs).

    The scheme allowing customers to purchase meters was initiated by NERC in 2013 but was halted by it in November last year. For me, the government has no business reversing itself on this issue because it does not seem the electricity distribution companies (DISCOs) want to deploy meters. The country’s economic downturn has only presented them an excuse. Before the recession set in, how many meters did they deploy? Were they not giving excuses when asked to patronise local meter makers? Anyway, the only condition I will support the decision is if the government can ensure that this latest directive on meters will not be exploited by the DISCOs to slow down on what should be their primary obligation of providing meters for electricity consumers.

    Their present estimated billing cannot continue. I am a serial victim of it like millions of other Nigerians. I used to cite my personal experience on this so-called ‘crazy bill’ right from the days of the National Electric Power Authority (NEPA) to the defunct Power Holding Company of Nigeria (PHCN). And now the DISCOs.

    As usual, I have to use another personal example to illustrate my frustration with the current billing system, a thing which justifies my belief that the place to start getting it right in the power sector is in metering customers. This is the position of The Punch, as expressed in its editorial of November 22 titled “Let the consumers have meters please”.  This paper too has expressed similar sentiment several times.  There won’t be any incentive to provide consumers with meters for as long as the DISCOs can force people to pay bills that no one, not even those who issued them, can rationally defend.

    This time around, I will use my father’s flat somewhere at Mafoluku area of Oshodi as example. About two weeks ago, we had to go and clear about N71,000 debt said to have accumulated on his electricity bill, obviously over time, and the Ikeja Electric personnel have been bothering them alongside my dad’s tenants having issues with their bills/meters. Anyway, we decided to clear the backlog about two weeks ago in the hope that henceforth, they will only be paying current bills. But what we saw was that the very first bill that Ikeja Electric would bring after we had cleared the bill was the highest so far, about N16,000 for the flat and the shop sharing meter with it. I was told their highest bill before was about N14,000. So, how come the bill suddenly rose from the N14,000 to N16,000 in the very month that we decided to clear the arrears and start on a clean slate, despite the fact that they claim they did not have electricity sometimes for three days when other houses on the same street have? They say those people are on the ‘blue line’ and they are on red (or something). I immediately understood what could be happening given my own experience: the bills are being prepared from the transformers and people on one line of the transformer may have light perpetually and others on another line may not. Yet, they will be billed equally.

    We were warned against clearing the debt and that if we do, the next bill would be higher. People in this type of boat are not likely to keep paying everything that the DISCO brings as bill, especially when they know it does not reflect their power consumption. This was the way many estimated bills accumulated to the billions that the DISCOs are claiming today as debts. I had my reason for clearing the so-called debt and I can see I was proved right with the new estimate that we were given. We would now follow the laid-down process to get the right things done.

    This is a flat that Ikeja Electric officials had visited several times to take an inventory of the electrical gadgets there.  It was on the basis of the visits that they were bringing the previously (even questionable) monthly bill. The shop in question only has to be charged commercial rate because it is a shop and not necessarily because it has any especial gadget or appliance that consumes much electricity. As for the flat, there are no new electrical gadgets to warrant the rise in billing; just a moderate pensioner’s apartment. This is the reason many of us are opposed to the idea of raising tariff under the present arbitrary billing system because these rip-offs can only escalate when tariffs are increased without meters. It would look like another face of taxation without representation.

    I do not know how the DISCO would convince me otherwise on this because I had cited examples on this same page whereby we never had electricity supply in my area at Pleasure, Agege, Lagos, at a particular occasion for 24 consecutive days and our bill never reflected that, as we were slammed the usual amount. When some representatives of the Association of Nigerian Electricity Distributors (ANED) visited our office about two weeks ago, I told them this experience and their explanation even justified why Nigerians must be metered whatever the situation. The official who answered my question at the forum said that must have happened apparently because the marketer did not inform those in charge of billing about the problem! So, whose fault is that? Again, why are such bills always tilted in favour of the DISCOs and not the customers?

    It is interesting that the DISCOs threatened to declare force majeure when the government said that eligible customers can buy power direct from the GENCOs. Force majeure is a situation of unforeseeable circumstances that prevent someone from fulfilling a contract. I do not know the basis for that threat, granted that they (DISCOs) have not been able to move the nation a notch higher four years after taking over from PHCN. Do they expect the government to fold its arms and be supporting them in feeding the electorate with excuses? If they want to declare force majeure over this progressive decision, what do they expect Nigerians that they are billing arbitrarily, almost to the point of extortion, to declare? Let them tell the world in which other country electricity consumers are billed from their transformers. It is surprising that things that are taken for granted in other places are made a fetish of here in Nigeria. In the remotest parts of Ghana, there are prepaid meters. The DISCOs can say the electricity consumers are not as many as in Nigeria. But so is the revenue the electricity firms in that country gets, compared with Nigeria. One can only have headache the size of his head.

    We have about 2,000 MW of power that the DISCOs cannot absorb and which can be of immense use to the eligible customers. So, do the DISCOs want the government to leave the system as it is until the power sector grinds to a halt? The impression one gets now is that of DISCOs that are biting more than they can chew. So, what is wrong in the government saying no, bite only what you can chew and leave some other organisations to bite the rest, which, to me, is what the decision on eligible customers is all about?

    I crave your indulgence to end this piece with a quote from the said editorial: “We reject the DISCOs’ and government’s repeated accusations that Nigerians don’t want to pay for power: … DISCOs gripe constantly of wanting “realistic” tariff. Any new tariff increase, however, should be preceded by 100 per cent metering of customers.”

    This has always been my position and it has always been this paper’s position. I only had to cite another paper’s editorial today to show that there is no medium that would think otherwise in this country, unless that medium is just arriving from Mars or Jupiter.

  • DisCos, EFCC, others collaborate to fight corruption

    DisCos, EFCC, others collaborate to fight corruption

    The Association of Nigerian Electricity Distributors (ANED), the Economic and Financial Crimes Commission (EFCC), the police and other security agencies, are collaborating to rid the power sector of corrupt officials.

    ANED’s Executive Director, Research and Development, Mr Sunday Oduntan, said the issue had reached an advanced stage, as many workers have been investigated for bribery, stealing, extortion of innocent consumers among other untoward practices, by a highly constituted team set up by the association.

    He said workers that were involved in criminal activities were sacked by their respective DisCos, after they were found guilty.

    Oduntan said: ‘’ Some workers  of the Ibadan Electricity Distribution Company(IBEDC) and other power distribution companies, who are found guilty of grievious offences such as stealing of electricity facilities or money, have been handed over to EFFC for investigation. Also, they have been forced out of the system by their employers. Many of such people would follow suit very soon. The exercise is taking place across the country, as part of efforts to sanitise the sector. We at ANED frown at such practices and have vowed to put a stop to them, hence our decision to set up a team of people that are investigating criminal issues involving workers of the DisCos. The anti-graft agency is complementing our investigation by making the investigation more effective and stronger.”

    According to him, ANED, which is the umbrella body of all the 11 distribution companies is on top of the game, as it gets hints on where such illegal activities are taking place and promptly follow it up, with a view to ensuring justice.

    “If any member of the consuming public is extorted by any of the officials of the DisCos, we would get necessary information on the officials involved, we would report him or her to the DisCo that has employed her. The DisCo in return would carry out its own due diligence on the issue in order to find out whether the allegation levelled on such person(s) are founded or not. We work as a team, as we do not leave any area untouched in our investigation,” he added.

    ANED,  Oduntan said, has visited Abuja, Plateau and other parts of the country, with a view to monitoring the activities of the officials and get reports on their conduct for necessary action.

    He said the issue of sanitising the sector must start in the house first, before it is moved to institutions outside that are aiding corruption, by conniving with workers.

    He said, based on this, the 11 DisCos agreed to rid themselves of unscrupulous workers.

    On debts, Oduntan said the debts owed the power firms by the Ministries, Departments and Agencies (MDAs) are huge, adding that failure of the MDAs to pay back their debts that have accumulated over the years, is a problem in the sector.

    He explained that the inability of the firms to meet their obligations to customers, by supplying them electricity regularly, meters, and other equipment, was a result of the debts.

    The DisCos, he said, were lacking funds to operate, stressing that the issue is telling on their performance.He said this is in addition to the  fact that  power generation is decreasing in the country.

    He said, if the power generation companies (GenCos) produce  enough electricity for the use of the DisCos, the DisCos still need to get funds to procure modern facilities for operation.

    The DisCos need money to replace obsolete equipment with new ones, in order to record optimal level he said.

  • Meter: Don’t blame manufacturers for shortage – Nwangwu

    Meter: Don’t blame manufacturers for shortage – Nwangwu

    The Managing Director of Sebrud Consortiums, Mr Chisom Nwangwu, an indigenous Meter Manufacturing Company, says the prepaid meter producers in Nigeria were not to be blamed for the shortage of the product for electricity consumers in Nigeria.

    Reports said that Nigerians have continued to decry the inability of Electricity Distribution Companies ( DISCOS ) to provide enough prepaid electricity meters for consumers.

    He said that the prepaid meter manufacturing firms had the capacity to meet the demands for the product.

    He also revealed that the Awka-based firm with its 400, 000 installed capacity was ready to work with the 11 electricity distribution companies in Nigeria to help to realise the Federal Government’s objective of having all customers metered.

    “Capacity is not the problem, we are producing and the products are there, we have the capacity to supply whatever is demanded by the distribution companies.

    “All that is needed is for them to contact us and place orders and they will get the meters, we are ready to work with the 11 electricity distribution companies,’’ he said.

    Nwangwu assured Nigerians that the products were of international standard having been approved by the Nigerian Electricity Regulatory Commission ( NERC ) and certified by the Standard Organisation of Nigeria ( SON ).

    According to him, the meters are of high quality and they have passed the Mandatory Conformity Assessment Programme ( MANCAP ) test of SON.

    “They are 100 per cent quality assured with 10-year warranty period, our customer service department is effective,’’ he said.

    NAN

  • DisCos: notice to BPE not force majeure declaration

    DisCos: notice to BPE not force majeure declaration

    The Electricity Distribution Companies (DisCos) yesterday explained that the notice they jointly sent to the Bureau of Public Enterprises (BPE) was not a declaration of force majeure.

    A statement endorsed by the  Association of Nigeria Electricity Distributor (ANED) Executive Director, Research and Advocacy, Barr Sunday Oduntan issued in Abuja yesterday, described the notice as a standard commercial agreement.

    According to the statement, the notice was based on the concerns that the DisCos that are already near bankruptcy, will further be tied to meeting the obligations of their performance agreement with BPE.

    Read Also: Why there is no electricity – Owan

    He said: “Indeed, the notice of force majeure submitted by the DisCos, in itself, is not a declaration of force majeure. It is standard to any commercial agreement, and is predicated on the concern that the DisCos, already on the verge of bankruptcy, will be further constrained in meeting the obligations of their performance agreements with BPE –  no difference from a previous situation in which the regulator, arbitrarily, removed collection losses from the DisCos’ tariff in April 2015, a contributor to the current market shortfall.

    “Unless we begin to see a consistency of sector governance, a critical requirement for the viability and sustainability of the Nigerian Electricity Supply Industry (NESI), it is unlikely that we will achieve the objective of 24/7 power supply, an outcome that all Nigerians deserve.”

    The statement which was a sort of rejoinder, said that clarification followed recent notice of force majeure that were submitted to BPE by the DisCos as a result of the eligible customer regulation by the Nigerian Electricity Regulatory Commission (NERC)).

  • Notice to BPE not declaration of force majeure – DisCos

    Notice to BPE not declaration of force majeure – DisCos

    The Electricity Distribution Companies ( DisCos ) on Thursday explained that the notice they jointly sent to the Bureau of Public Enterprises ( BPE ) was not a declaration of force majeure.

    A statement that the Association of Nigeria Electricity Distributor (ANED) Executive Director, Research and Advocacy, Barrister Sunday Oduntan issued in Abuja yesterday , described the notice as a standard commercial agreement.

    According to the statement, the notice is based on the concerns that the DisCos that are already near bankruptcy, will further be tied to meeting the obligations of their performance agreement with BPE.

    Odutun said that : “Indeed, the notice of Force Majeure submitted by the DisCos, in itself, is not a declaration of Force Majeure, is standard to any commercial agreement, and is predicated on the concern that the DisCos, already on the verge of bankruptcy, will be further constrained in meeting the obligations of their Performance Agreements with BPE – no difference from a previous situation in which the regulator, arbitrarily, removed Collection Losses from the DisCos’ tariff in April 2015, a contributor to the current market shortfall.

    “Unless we begin to see a consistency of sector governance, a critical requirement for the viability and sustainability of the Nigerian Electricity Supply Industry (NESI), it is unlikely that we will achieve the objective of 24/7 power supply, an outcome that all Nigerians deserve.”

    The statement which was a sort of rejoinder, said that clarification followed recent notice of force majeure that were submitted to BPE by the DisCos as a result of the eligible customer regulation by the Nigerian Electricity Regulatory Commission) (NERC).

    ANED said that the Eligible Customer regulation allows for certain customers who consume more than 2 MWhr of electricity per month to leave the DisCo network and contract directly with power generators for the supply of power.

    It added that the primary objectives of this arrangement are to promote competition and increase the supply of power.
    Continuing, he said that “As DisCos, we believe that these are laudable objectives and are nothing less than that which we seek, as we strive to inject the efficiency into our operations that will improve the power supply experience for our customers.

    “While we do not question the legitimacy of the Honourable Minister of Power, Works and Housing’s right to declare Eligible Customers, we believe that the declaration is premature and is inconsistent with the pre-conditions established under the Electric Power Sector Reform Act (EPSRA), 2005.

    In particular, the level of competition envisaged for such declaration, that should be in tandem with sufficiency of power supply, does not currently exist. Nor has there been an implementation of the Competition Transition Charge that is specified under the Act.

    “Why is the issue of Competition Transition Charge important? Eligible Customers are the premium customers that cross subsidize the cost of providing electricity to the residential class of customers. Such cross subsidization, for some DisCos, is based on a ratio of N10/kWh of Eligible Customer consumption to N1/kWh of residential class consumption. The same class of Eligible Customers also contribute an average of 60 percent to DisCo revenues.

    “With the removal of Eligible Customers from the DisCo network, the huge revenue gap that is left is expected to be imposed on the residential class of customers by an increase in their tariffs, under the Competition Transition Charge. An initial analysis of the impact of the Eligible Customer regulation indicates the need for a minimum tariff increase of N4 per kWh on the residential class customers. In other words, residential customers, some of whom are already dealing with issues of affordability, will have to bear the burden of the premature implementation of the Eligible Customer regulation.

    “While there may be policy announcements that try to counter this fact by stating that such increases will not be imposed on the consumers, the question must be, “How will the gap be addressed?” If the answer is via a subsidy, it is then important to highlight that the current market shortfall of N892 billion (through August 2017) is a product of similar commitments that have not been met – a) Debt free books; b) Cost reflective tariff; c) Payment of N100 billion of subsidy; d) Payment of MDA debt; and e) Commitment to return of; and return on investment for the investors.

    Unfortunately, the Eligible Customer regulation will further contribute to the DisCos’ inability to recover the revenues that will enable them to make the capital investment that is critical to injecting efficiency into the supply of electricity to their customers.”

  • BPE rejects DisCos notice on force majeure

    BPE rejects DisCos notice on force majeure

    Director-General of the Bureau of Public Enterprises (BPE), Alex Okoh, has faulted plans by the electricity Distribution Companies (DisCos) to declare force majeure in the power sector, saying there was no basis for such action.

    The DisCos have threatened to resort to such a step following what they termed  the policy directive on Eligible Customers and the Eligible Customer Regulations by the Nigerian Electricity Regulatory Commission (NERC).

    Okoh, in a letter,  challenged the assertion by the DisCos that there has been a change in law and political force majeure event pursuant to certain clauses in the Performance Agreement the core investors of the DisCos signed with the BPE, stating that  he rejected the notice to declare force majeure by the DisCos.

    BPEs Head, Public Communications, Chukwuma Nwokoh, in a release yesterday, said the DisCos had claimed that the policy directive on Eligible Customers and the Eligible Customer Regulations have resulted in a change of law which prevents them from fulfilling their obligations under the Performance Agreement.

    But he pointed out that Okoh countered, stating that pursuant to the Electricity Power Sector Reform Act, 2005, it is obvious that the Minister of Power, Works and Housing, is empowered to issue the policy directive specifying the class, or classes of end-use customers that shall constitute Eligible Customers. In the same vein, NERC is similarly empowered to issue Eligible Customer Regulations.

    He said:“As you are aware, this is the same Act which midwifed the process whereby the power assets were privatized to the core investors. Given that the Declaration and the Regulations were lawfully and validly issued by the Minister and NERC, and that there has been no change in the law giving rise to a political force majeure event, we are unable to see the basis for the issuance of the notice.”

    Okoh stressed that the BPE, as the contracting party on behalf of the Nigerian government to the agreements which governed the privatisation of the power assets to the core investors, rejects the notice to declare force majeure.

  • Unending troubles of DisCos

    Unending troubles of DisCos

    There seems to be no end in sight to the crisis bedeviling the electricity distribution companies (DisCos). The recurring issue of their underperformance which they attribute to revenue shortfall vis-à-vis unfriendly operating environment, litigations from different quarters as well as perceived interference from regulators have continued to put them on collision course with the growing army of dissatisfied electricity consumers across the country, reports Ibrahim Apekhade Yusuf.

    The eleven electricity distribution companies servicing consumers across the country seem to be battling many troubles at the same time such that their continuous survival as going business concerns is being threatened in every conceivable way.

    Chief among the legions of woes bedeviling the DisCos is the issue of paucity of funds due to shortfall in their working capital.

    Insight into DisCos’ revenue shortfall

    Mr. Azu Obiaya, one man who should know better gave fresh insight on what led to the major problem besetting the DisCos.

    Obiaya, who is Chief Executive Officer (CEO) of the Association of Nigeria Electricity Distributors (ANED) who led officials of ANED and some DisCos on courtesy visit to The Nation last weekend, spoke of how the buildup of the shortfalls resulted in the huge amount.

    According to him, “The N892 billion debts is actually a buildup of a number of things. It is a buildup of the N100 billion subsidy the federal government promised that we never saw and have not seen. It is also a buildup of two actions or activities that were a cause of political expediency, which was when the R2 class of customers was frozen. That was supposed to be frozen for six months and ended up being frozen for 18 months. It is also a product of the removal of collection losses.”

    Expatiating, the ANED boss recalled that when the present government came to power in 2015, they began to negotiate, a development, he said led to the multi-year tariff order (MYTO) 2015.

    “But two things happened, one is that in putting together MYTO 2015, Nigerian Electricity Regulatory Commission (NERC) forgot to account for January so MYTO 2015 was implemented in February, that alone added N12 billion to the generation shortfall. To pay or not to pay the MYTO recommendation, and not to upset Nigerians, NERC said we will now sculpt the tariff, which means we (DisCos) will under-recover, so N497 billion supposedly was taken out of the tariff. In other ways, the tariff was suppressed by N497 billion for the next four years under that assumption that the DisCos will go to the banks and borrow money and fill up that gap until that point when they (DisCos) begin to over-recover,” he said.

    Echoing similar sentiments, the electricity Generation Companies otherwise known as (GenCos) have also lamented their inability to access the power sector N701billion assurance guarantee funds by the government due to certain unmet conditions.

    Confirming this development, the Executive Secretary, Association of Power Generation Companies (APGC), Mrs. Joy Ogaji told The Nation that the Central Bank of Nigeria (CBN) has put a snag of about 10 conditions precedent to accessing the funds which none of the power generating firms had met.

    According to her, from 2013 that the GenCos took over the companies to September 2017, they have recorded a cumulative shortfall from N893billion.

    She explained that “the GenCos have a lot of money at stake in the sector. From 2013 to 2016, were are being owed over N650billion. Then January this year to September if you check an invoice shortfall of about N27billion, you know exactly how much we are owed.”

    Ogaji said that gas is not a major challenge to power generation at the moment, adding that most of the stations have gas waiting to generate power but the transmission networks are too weak to take extra power.

    More troubles for DisCos

    Also speaking, the Managing Director, Benin Electricity Distribution Company (BEDC), Mrs. Funke Osibudo had said the problem of theft and vandalism of electricity installations remain a sore point.

    In his remarks, Mr. Dele Ayodele, the Deputy Managing Director, Ibadan Electricity Distribution Company (IBEDC), said that some of the challenges facing the power sector include technical and commercial losses.

    Ayodele said that technical and commercial losses were core issues that bedeviled the sector from performing its responsibility to consumers. He said that if the issues were not resolved, it would continue to linger on.

    As if the troubled DisCos don’t have enough problems in their hands already, the federal government has since commenced the process of engaging technical consultants to monitor the performance of the various power generation companies (GenCos) and power distribution companies (DisCos).

    The opening of bids for prospective consultants held inside the conference room of Bureau of Public Enterprises (BPE) in Abuja.

    The nine companies that bided for the technical consultancy services for DisCos include: PriceWaterhouseCoopers (PWC), Halcrow Infrastructure Ltd, Indra/Sigrum Africa Ltd, Fluentgrid Ltd (formerly known as Phoenix Powering Utilities) and Emtech Energy Services Ltd.

    Others are Alsdur Ltd, Feedback Infra Private Ltd., India & Derekson Ltd. Nigeria, Energy People/Nextier Consulting and Pakistan Engineering Services (PVT) Ltd & OskanJo & Partners Ltd.

    Prospective consultants for the successor GenCos are PWC, Halcrow Infrastructure Ltd, Fluentgrid Ltd (formerly known as Phoneix Powering Utilities) and Energy People/Nextier Consulting.

    In a message, Chairman of Technical Committee of National Council on Privatisation, Alhaji Muhhammed Ahmed said advertisements for Expression of Interest (EOI) for Technical Consultants were placed in the local/foreign media from May 11, 2015 to June 19, 2015.

    “At the deadline for submission, thirty-two (32) EOIs were received. After evaluation, 26 firms obtained pass mark and were shortlisted to move to Request for Proposal stage.”

    Discordant tunes over plan to engage consultants

    Expectedly, the planned hiring of the nine consultants has not gone unnoticed. Already there are agitations from different quarters over the plan, which critics believe is misplaced.

    Firing the first salvo, Comrade Chinedu Bosah, a civil rights activist, who has been monitoring trends in the power sector, argued matter-of-factly that the so-called privatisation agenda is skewed against the interest of the working masses such that private power companies’ interest and profits are guaranteed while the vast majority of electricity consumers are forced to pay more amidst getting very little or no electricity supply.

    According to hi, “The 11 distribution companies owe the federal government about N500 billion for electricity collected while the generating companies get every kobo of electricity generated from Nigerian Bulk Electricity Trading (NBET) Plc, a 100% federal government owned company. This means that the private companies are not taking any risk or motivated towards making any meaningful investment since their profit are safeguarded. Hence, the privatisation of the power sector has only proved to be a policy wherein public resources are looted by organised gang of private vampires in collaboration with top government officials.”

    Bosah, who doubles as the National Secretary of the Socialist Party of Nigeria (SPN) holds the view and very strongly too that the proposal is a waste of public resources and a means of fraudulently diverting public resources into private pockets.

    He would rather the resources to be expended on monitoring the so-called performances should be used to provide transformers and basic facilities in many communities.

    “SPN is strongly of the view that monitoring cannot bring about improvement, only judiciously managed massive public investment can bring about improvement.”

    The power companies and the privatisation of the power sector have woefully failed, he maintained, adding that: “The duty of the Nigerian Electricity Regulatory Commission (NERC) is to regulate and supervise the power companies and if in exercising these duties, it cannot monitor the performance of these power companies, public funds expended in the running of NERC that cost hundreds of millions of naira yearly is a waste and the organisation (NERC) should be scraped as part of the process of reversing the privatisation of the power sector.”

    He further maintained that: “The SPN calls for the renationalisation (public ownership) of the power sector, massive investment in generation, transmission and distribution, and place all the management structures under democratic and transparent management of workers and consumers as a means of ending the endemic corruption, profligacy and inefficiency. This is the only way to end the prevailing widespread darkness and guarantee affordable and stable electricity supply.”

    Growing animosity against other state actors

    Like Bosah, a Lagos-based lawyer, Toluwani Adebiyi, who dragged the Nigerian Electricity Regulatory Commission to court in May 2015, seeking an order barring the commission from increasing electricity tariff until every household in the country enjoys at least 18 hours of uninterrupted power supply on a daily basis, have also argued that the DisCos and other allied agencies take the blame as far as the power crisis in the country is concerned.

    The lawyer, in his suit, complained bitterly about the alleged fleecing of electricity consumers in the country, by electricity distribution companies which refused to issue meters to the consumers but preferred to issue estimated and usually inflated bills.

    But Adebiyi’s suit against NERC had yet to be resolved when several other similar suits, including class actions, were filed in court by consumers who were clearly fed up with epileptic power supply and unreasonably high bills.

    One of such many cases was by another lawyer, James Ogunyemi, and his neighbour, Igiebor Solomon, who sued the Ikeja Electricity Distribution Company Plc for alleged unlawful disconnection and issuance of inflated bills.

    The resort of citizens to litigation against NERC and DisCos clearly reflects the frustration of Nigerians as the hope of seamless and steady electricity supply in the country has become a mirage.

    Though the power sector has gulped huge resources, which a human rights advocacy group, Socio-Economic Rights and Accountability Project, in a recent report, put at over N11tn since 1999, the country has nothing to show for it.

    SERAP, in its said report, titled, “From Darkness to Darkness: How Nigerians are paying the price of corruption in the electricity sector,” linked the failure of the power sector to corruption and called for the investigation and possible prosecution of various players.

    “Corruption in the electricity sector in Nigeria manifests by way of fraud, bribery, turpitude, misappropriation of funds, acquisition of illegal wealth, offering, giving, soliciting and acceptance of an inducement or reward that may influence the actions taken by any authority, its members or officers,” SERAP asserts.

    For instance, the failure of electricity distribution companies to provide meters for millions of Nigerian households, according to SERAP, is underlined by and giving room for corruption.

    “Most consumers are unhappy with the billing methodology and feel short-changed by the operators. Billings do not reflect actual electricity consumption in most cases,” SERAP observes.

    This assertion was exactly confirmed by a class action, marked LD/1630CGM/2017, filed before the Lagos State High Court early this year by residents of the Onikan area of Lagos against Eko Electricity Distribution Plc and Ikeja Electricity Plc.

    No word from government

    Attempts to get the government’s response on some of the issues raised were futile. As at press time, enquiries by our correspondent to Mr. Hakeem Bello, the Special Adviser to Minister of Power Works and Housing, Raji Babatunde Fashola, was still being awaited.

    Cheery news for DisCos

    However, it does appear that there is light at the end of the tunnel for DisCos with the cheery news by the Minister of Power Works and Housing, Raji Babatunde Fashola.

    The federal government, he revealed last Monday has received $64,630,055 (N19,712,166,775) electricity bill payment from the Niger Republic and the Benin Republic.

    According to him, the Nigeria Electricity Bulk Trading Company (NBET) is expected to work out the modalities before onward distribution to the DisCos.

    He spoke at the 21st Monthly Power Sector Ministerial /Stakeholders meeting at the Asaba, Delta State that Benin Electricity Distribution Company (BEDC hosted.

    The minister had earlier commissioned the 215MVA Asaba sub-station transformer, which, he said, will reduce the incidence of load shedding in the area.

    But speaking at the meeting, Fashola said that: “I have some good news for you as well. Some money has come in from the power we sell to Benin Republic and Niger Republic. People wonder why this is so. They are a product of treaties and agreements.

    “They also help our own economy.  So we have a total of $64,630,055 that has been recovered. So, NBET will work out the modality for distribution. And hopefully, by next month, you too, should be able to report that you have received an alert.”

    The minister also announced that the Federal Executive Council had on approved to resolve a meter contract dispute that it entered with a contractor since 2003, but the government’s approval last Thursday resulted in a court settlement which implies that the contractor can now have N37billion plus the interest that accrued over the time for provision of meters to the DisCos.

    Fashola urged the interested DisCos to liaise with the ministry and contractor for the supply of meters to their customers, adding that the deal is strictly between the contractor and the power firm while the ministry is only to make the facilitation with the meter supplier.

    He, however, urged the parties to note that the agreements will reach on meter supply will be subject to the regulation that the Nigerian Electricity Regulatory Commission (NERC) is about to present.

    His words: “But on a progressive note, I am also happy to report that the approval by the Federal Executive Council to resolve a meter contract dispute entered into since 2003, has now culminated in a court settlement that was concluded on Thursday, the 9th of November.

    “What that means is that that contractor will now have N37billion plus the accrued interest of the money to make meters available to customers of DisCos. They have to work with the DisCos, so, DisCos who are interested in taking this over should contact the ministry, we will make the facilitation formally with the meters supplier. “We expect this to be a bilateral contract between you and them. We don’t want to get involved. We are just going to create a link and a handshake. Some of you are presumably already talking to them to get ready because you know them.

    “The agreement you will reach with them will be subject to the regulations that is coming from NERC. So those who are concerned about meters as we promised something is being done and we are moving closer to implementation.”

    Though the Minister of Power appears upbeat that DisCos may experience a turnaround in terms of fortunes, but it remains to be seen if these assurances are not based on political expediencies judging by past antecedence, experts have argued. But time will tell.

     

  • Unending troubles of DisCos

    Unending troubles of DisCos

    There seems to be no end in sight to the crisis bedeviling the electricity distribution companies (DisCos). The recurring issue of their underperformance which they attribute to revenue shortfall vis-à-vis unfriendly operating environment, litigations from different quarters as well as perceived interference from regulators have continued to put them on collision course with the growing army of dissatisfied electricity consumers across the country, reports Ibrahim Apekhade Yusuf

    The eleven electricity distribution companies servicing consumers across the country seem to be battling many troubles at the same time such that their continuous survival as going business concerns is being threatened in every conceivable way.

    Chief among the legions of woes bedeviling the DisCos is the issue of paucity of funds due to shortfall in their working capital.

    Insight into DisCos’ revenue shortfall

    Mr. Azu Obiaya, one man who should know better gave fresh insight on what led to the major problem besetting the DisCos.

    Obiaya, who is Chief Executive Officer (CEO) of the Association of Nigeria Electricity Distributors (ANED) who led officials of ANED and some DisCos on courtesy visit to The Nation last weekend, spoke of how the buildup of the shortfalls resulted in the huge amount.

    According to him, “The N892 billion debts is actually a buildup of a number of things. It is a buildup of the N100 billion subsidy the federal government promised that we never saw and have not seen. It is also a buildup of two actions or activities that were a cause of political expediency, which was when the R2 class of customers was frozen. That was supposed to be frozen for six months and ended up being frozen for 18 months. It is also a product of the removal of collection losses.”

    Expatiating, the ANED boss recalled that when the present government came to power in 2015, they began to negotiate, a development, he said led to the multi-year tariff order (MYTO) 2015.

    “But two things happened, one is that in putting together MYTO 2015, Nigerian Electricity Regulatory Commission (NERC) forgot to account for January so MYTO 2015 was implemented in February, that alone added N12 billion to the generation shortfall. To pay or not to pay the MYTO recommendation, and not to upset Nigerians, NERC said we will now sculpt the tariff, which means we (DisCos) will under-recover, so N497 billion supposedly was taken out of the tariff. In other ways, the tariff was suppressed by N497 billion for the next four years under that assumption that the DisCos will go to the banks and borrow money and fill up that gap until that point when they (DisCos) begin to over-recover,” he said.

    Echoing similar sentiments, the electricity Generation Companies otherwise known as (GenCos) have also lamented their inability to access the power sector N701billion assurance guarantee funds by the government due to certain unmet conditions.

    Confirming this development, the Executive Secretary, Association of Power Generation Companies (APGC), Mrs. Joy Ogaji told The Nation that the Central Bank of Nigeria (CBN) has put a snag of about 10 conditions precedent to accessing the funds which none of the power generating firms had met.

    According to her, from 2013 that the GenCos took over the companies to September 2017, they have recorded a cumulative shortfall from N893billion.

    She explained that “the GenCos have a lot of money at stake in the sector. From 2013 to 2016, were are being owed over N650billion. Then January this year to September if you check an invoice shortfall of about N27billion, you know exactly how much we are owed.”

    Ogaji said that gas is not a major challenge to power generation at the moment, adding that most of the stations have gas waiting to generate power but the transmission networks are too weak to take extra power.

    More troubles for DisCos

    Also speaking, the Managing Director, Benin Electricity Distribution Company (BEDC), Mrs. Funke Osibudo had said the problem of theft and vandalism of electricity installations remain a sore point.

    In his remarks, Mr. Dele Ayodele, the Deputy Managing Director, Ibadan Electricity Distribution Company (IBEDC), said that some of the challenges facing the power sector include technical and commercial losses.

    Ayodele said that technical and commercial losses were core issues that bedeviled the sector from performing its responsibility to consumers. He said that if the issues were not resolved, it would continue to linger on.

    As if the troubled DisCos don’t have enough problems in their hands already, the federal government has since commenced the process of engaging technical consultants to monitor the performance of the various power generation companies (GenCos) and power distribution companies (DisCos).

    The opening of bids for prospective consultants held inside the conference room of Bureau of Public Enterprises (BPE) in Abuja.

    The nine companies that bided for the technical consultancy services for DisCos include: PriceWaterhouseCoopers (PWC), Halcrow Infrastructure Ltd, Indra/Sigrum Africa Ltd, Fluentgrid Ltd (formerly known as Phoenix Powering Utilities) and Emtech Energy Services Ltd.

    Others are Alsdur Ltd, Feedback Infra Private Ltd., India & Derekson Ltd. Nigeria, Energy People/Nextier Consulting and Pakistan Engineering Services (PVT) Ltd & OskanJo & Partners Ltd.

    Prospective consultants for the successor GenCos are PWC, Halcrow Infrastructure Ltd, Fluentgrid Ltd (formerly known as Phoneix Powering Utilities) and Energy People/Nextier Consulting.

    In a message, Chairman of Technical Committee of National Council on Privatisation, Alhaji Muhhammed Ahmed said advertisements for Expression of Interest (EOI) for Technical Consultants were placed in the local/foreign media from May 11, 2015 to June 19, 2015.

    “At the deadline for submission, thirty-two (32) EOIs were received. After evaluation, 26 firms obtained pass mark and were shortlisted to move to Request for Proposal stage.”

    Discordant tunes over plan to engage consultants

    Expectedly, the planned hiring of the nine consultants has not gone unnoticed. Already there are agitations from different quarters over the plan, which critics believe is misplaced.

    Firing the first salvo, Comrade Chinedu Bosah, a civil rights activist, who has been monitoring trends in the power sector, argued matter-of-factly that the so-called privatisation agenda is skewed against the interest of the working masses such that private power companies’ interest and profits are guaranteed while the vast majority of electricity consumers are forced to pay more amidst getting very little or no electricity supply.

    According to hi, “The 11 distribution companies owe the federal government about N500 billion for electricity collected while the generating companies get every kobo of electricity generated from Nigerian Bulk Electricity Trading (NBET) Plc, a 100% federal government owned company. This means that the private companies are not taking any risk or motivated towards making any meaningful investment since their profit are safeguarded. Hence, the privatisation of the power sector has only proved to be a policy wherein public resources are looted by organised gang of private vampires in collaboration with top government officials.”

    Bosah, who doubles as the National Secretary of the Socialist Party of Nigeria (SPN) holds the view and very strongly too that the proposal is a waste of public resources and a means of fraudulently diverting public resources into private pockets.

    He would rather the resources to be expended on monitoring the so-called performances should be used to provide transformers and basic facilities in many communities.

    “SPN is strongly of the view that monitoring cannot bring about improvement, only judiciously managed massive public investment can bring about improvement.”

    The power companies and the privatisation of the power sector have woefully failed, he maintained, adding that: “The duty of the Nigerian Electricity Regulatory Commission (NERC) is to regulate and supervise the power companies and if in exercising these duties, it cannot monitor the performance of these power companies, public funds expended in the running of NERC that cost hundreds of millions of naira yearly is a waste and the organisation (NERC) should be scraped as part of the process of reversing the privatisation of the power sector.”

    He further maintained that: “The SPN calls for the renationalisation (public ownership) of the power sector, massive investment in generation, transmission and distribution, and place all the management structures under democratic and transparent management of workers and consumers as a means of ending the endemic corruption, profligacy and inefficiency. This is the only way to end the prevailing widespread darkness and guarantee affordable and stable electricity supply.”

    Growing animosity against other state actors

    Like Bosah, a Lagos-based lawyer, Toluwani Adebiyi, who dragged the Nigerian Electricity Regulatory Commission to court in May 2015, seeking an order barring the commission from increasing electricity tariff until every household in the country enjoys at least 18 hours of uninterrupted power supply on a daily basis, have also argued that the DisCos and other allied agencies take the blame as far as the power crisis in the country is concerned.

    The lawyer, in his suit, complained bitterly about the alleged fleecing of electricity consumers in the country, by electricity distribution companies which refused to issue meters to the consumers but preferred to issue estimated and usually inflated bills.

    But Adebiyi’s suit against NERC had yet to be resolved when several other similar suits, including class actions, were filed in court by consumers who were clearly fed up with epileptic power supply and unreasonably high bills.

    One of such many cases was by another lawyer, James Ogunyemi, and his neighbour, Igiebor Solomon, who sued the Ikeja Electricity Distribution Company Plc for alleged unlawful disconnection and issuance of inflated bills.

    The resort of citizens to litigation against NERC and DisCos clearly reflects the frustration of Nigerians as the hope of seamless and steady electricity supply in the country has become a mirage.

    Though the power sector has gulped huge resources, which a human rights advocacy group, Socio-Economic Rights and Accountability Project, in a recent report, put at over N11tn since 1999, the country has nothing to show for it.

    SERAP, in its said report, titled, “From Darkness to Darkness: How Nigerians are paying the price of corruption in the electricity sector,” linked the failure of the power sector to corruption and called for the investigation and possible prosecution of various players.

    “Corruption in the electricity sector in Nigeria manifests by way of fraud, bribery, turpitude, misappropriation of funds, acquisition of illegal wealth, offering, giving, soliciting and acceptance of an inducement or reward that may influence the actions taken by any authority, its members or officers,” SERAP asserts.

    For instance, the failure of electricity distribution companies to provide meters for millions of Nigerian households, according to SERAP, is underlined by and giving room for corruption.

    “Most consumers are unhappy with the billing methodology and feel short-changed by the operators. Billings do not reflect actual electricity consumption in most cases,” SERAP observes.

    This assertion was exactly confirmed by a class action, marked LD/1630CGM/2017, filed before the Lagos State High Court early this year by residents of the Onikan area of Lagos against Eko Electricity Distribution Plc and Ikeja Electricity Plc.

    No word from government

    Attempts to get the government’s response on some of the issues raised were futile. As at press time, enquiries by our correspondent to Mr. Hakeem Bello, the Special Adviser to Minister of Power Works and Housing, Raji Babatunde Fashola, was still being awaited.

    Cheery news for DisCos

    However, it does appear that there is light at the end of the tunnel for DisCos with the cheery news by the Minister of Power Works and Housing, Raji Babatunde Fashola.

    The federal government, he revealed last Monday has received $64,630,055 (N19,712,166,775) electricity bill payment from the Niger Republic and the Benin Republic.

    According to him, the Nigeria Electricity Bulk Trading Company (NBET) is expected to work out the modalities before onward distribution to the DisCos.

    He spoke at the 21st Monthly Power Sector Ministerial /Stakeholders meeting at the Asaba, Delta State that Benin Electricity Distribution Company (BEDC hosted.

    The minister had earlier commissioned the 215MVA Asaba sub-station transformer, which, he said, will reduce the incidence of load shedding in the area.

    But speaking at the meeting, Fashola said that: “I have some good news for you as well. Some money has come in from the power we sell to Benin Republic and Niger Republic. People wonder why this is so. They are a product of treaties and agreements.

    “They also help our own economy.  So we have a total of $64,630,055 that has been recovered. So, NBET will work out the modality for distribution. And hopefully, by next month, you too, should be able to report that you have received an alert.”

    The minister also announced that the Federal Executive Council had on approved to resolve a meter contract dispute that it entered with a contractor since 2003, but the government’s approval last Thursday resulted in a court settlement which implies that the contractor can now have N37billion plus the interest that accrued over the time for provision of meters to the DisCos.

    Fashola urged the interested DisCos to liaise with the ministry and contractor for the supply of meters to their customers, adding that the deal is strictly between the contractor and the power firm while the ministry is only to make the facilitation with the meter supplier.

    He, however, urged the parties to note that the agreements will reach on meter supply will be subject to the regulation that the Nigerian Electricity Regulatory Commission (NERC) is about to present.

    His words: “But on a progressive note, I am also happy to report that the approval by the Federal Executive Council to resolve a meter contract dispute entered into since 2003, has now culminated in a court settlement that was concluded on Thursday, the 9th of November.

    “What that means is that that contractor will now have N37billion plus the accrued interest of the money to make meters available to customers of DisCos. They have to work with the DisCos, so, DisCos who are interested in taking this over should contact the ministry, we will make the facilitation formally with the meters supplier. “We expect this to be a bilateral contract between you and them. We don’t want to get involved. We are just going to create a link and a handshake. Some of you are presumably already talking to them to get ready because you know them.

    “The agreement you will reach with them will be subject to the regulations that is coming from NERC. So those who are concerned about meters as we promised something is being done and we are moving closer to implementation.”

    Though the Minister of Power appears upbeat that DisCos may experience a turnaround in terms of fortunes, but it remains to be seen if these assurances are not based on political expediencies judging by past antecedence, experts have argued. But time will tell.

  • IGP sets up anti-electricity vandal response squad 

    IGP sets up anti-electricity vandal response squad 

    The Inspector General of Police (IGP) Ibrahim Idris has sent notification to all police commands to set up an Anti- Electricity Vandal Response Squad.

    This is coming on the heels of the escalating rate of vandalism and theft of electricity distribution assets.

    Managing Director, Benin Electricity Distribution Company (BEDC), Mrs. Funke Osibudu made this known to the power sector stakeholders during the 21st ministerial meeting that the power firm hosted in Asaba, Delta State. 

    She noted that despite the wider industry challenges and the sometimes very hostile and restive operating environment, the BEDC has been able to bring improvements to customer experience within the coverage area.

    She added that the company has attained an innovative and strict load management and outage schedules, which makes customers’ power availability predictable and better evenly spread in the distribution network clusters.  

    Osibudu told the stakeholders that the BEDC customers now have multiple channels of payment for their bills, adding that customers can now receive their bills through sms and emails and receive alert they make payment.

    According to her, the Nigeria Electricity Regulatory Commission (NERC) is in the process of standardizing allowable fines and penalties chargeable by the electricity Distribution Companies (DisCos) for customer/consumer infractions. 

    She noted that there is still needs for a purpose fit legislation, criminalizing theft and expeditiously dispatching such cases before it, by setting up a mobile court.

    On tariff, the Chief Executive Officer (CEO): “The seeming freeze of retail electricity tariff without proportional ‘subsidies’ to cover cost is inhibiting DisCos ability to meet their performance obligations and in essence, customer expectations. 

    “The tariff situation is at the heart of the liquidity squeeze in Nigeria Electricity Supply Industry (NESI) and apparent performance gaps in same as this affects the entire value chain of the electricity market.

    “This impedes DisCos ability to access the financing necessary for Operation Expenditure  (OPEX), Capital Expenditure (CAPEX) and loss reduction initiatives (including customers metering). 

    “As one of the fallout of the tariff issue, DisCos balance sheets are currently in a net liability position, as tariff shortfalls are not duly accounted for in the audited financial statements.”

  • DisCos’ revenue shortfalls hit N892.4b

    Electricity distribution companies (DisCos) have piled up a loss of  N892.4 billion.

    The  Chief Executive Officer (CEO) of the Association of Nigeria Electricity Distributors (ANED), Mr Azu Obiaya, who led officials of ANED and some DisCos on courtesy  visit to The Nation, spoke of how  the build up of the shortfalls resulted in the huge amount.

    He said: “The N892 billion debts is actually a buildup of a number of things. It is a buildup of the N100 billion subsidy government promised that we never saw and have not seen. It is also a buildup of two actions or activities that were a cause of political expediency, which was when the R2 class of customers was frozen. That was supposed to be frozen for six months and ended up being frozen for 18 months. It is also a product of the removal of collection losses.

    “When we go beyond that to 2016, when the collection losses were taken out. When this government came to power in 2015, they began to negotiate with us and multi-year tariff order (MYTO) 2015 was a result of the negotiations.

    “But two things happened, one is that in putting together MYTO 2015, Nigerian Electricity Regulatory Commission (NERC) forgot to account for January so MYTO 2015 was implemented in February, that alone added N12 billion to the generation shortfall. To pay or not to pay the MYTO recommendation, and not to upset Nigerians, NERC said we will now sculpt the tariff, which means we (DisCos) will under-recover, so N497 billion supposedly was taken out of the tariff. In other ways, the tariff was suppressed by N497 billion for the next four years under that assumption that the DisCos will go to the banks and borrow money and fill up that gap until that point when they (DisCos) begin to over-recover.

    “The other thing that has happened is with the tariff. Every six months there was supposed to be a minor review which will adjust the following items, generation, inflation and foreign exchange, among other.

    “Generation – the MYTO model assumes a generation of 5,000 megawatts (Mw) and reality is 3,500Mw. On inflation, MYTO assumes nine per cent and the reality of today is 15.2 per cent and on foreign exchange (forex), it assumes N198 to a dollar but the reality is N305 and 363, while inflation index is tied to the U.S. because 85 per cent of our equipment is dollar denominated. The assumption is 0.02 and our reality is 2.2.

    “So you can see there is a gap, which added to the shortfall. The other part of it, which you may not be aware of,  is with the roll out of MYTO 2015, we had a significant consumer push back with the National Assembly encouraging people not to pay, the regulator (NERC) incorporating into the order that says “if you are not metered in six days, don’t pay.”

    “A number of citizens adopted that as a mantra as well as litigations. MAN also litigated against us and the court issued an injunction that prevailed upon MAN to continue at MYTO 2.0 not even 2.1., and here we were at MYTO 2015. All of these elements kept building up. The huge shortfall is a product of all of these things.”